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14

become the victim of indifference or inefficiency.

                       You will have a copy of this letter furnished to Lieut. Dawson.
                                      I am Colonel, very respectfully
                                            Your obdt. servant
                                  (Sgd.)  J. A. Augur
                                             Acty. Asst. Adjutant General

195. D. T.'72. ___________________________________________________________________________________________________________________ 303. Hd. Qrs. Dept. of Texas,

                                                  San Antonio, Tex., April 11, 1872.

BURNELL Mr. Thomas F. Purnell U. S. Marshal, Western District of Texas Austin, Tex.

Sir:

                  I am instructed by General Augur to respectfully return the Enclosed papers, and to say that he is now willing to order or authorize the action of the Military authorities, desired by you, in this case.
                  The great trouble and Expense to the Government and to the individual Officer concerned, resulting from a like Exercise of such authority at Fort Bliss, in the case of arrest of Mr. Fountain, renders him very desirous of avoiding similar complications in the future, unless in cases of absolute necessity.
                 If your Deputy Marshal find himself powerless to Execute an order of the U. S. Court, by reason of hostility of Evil disposed persons, and will make such statement to nearest Commanding Officer, such Officer will be instructed to protect the Marshal while Executing such order, and will assist in guarding prisoners, arrested in pursuance of such authority.  The General thinks, this is the Extent, to which he can assist you.  He is not disposed, that troops shall perform any of the duties,  pertaining to civil authorities, but is [underline] disposed to protect the Civil Officers of the United States, while carrying out the orders of a U. S. Court, and to guard prisoners, arrested in pursuance of such orders.
                  This course may cause you some inconvenience and increase somewhat your difficulties, and in this respect, the General regrets, that he feels bound to adopt it, but he thinks it is the true principle and will work better in the End.
                 No Expense can be incurred by us in transporting civil prisoners, and Expenses of subsisting them must also be refunded.  This latter item can however be arranged between the two Departments in Washington, if desired.